Constitution

The constitution is the most important document in Nigeria. It contains the most valuable information of, for, and about the country. Like a novel, the constitution is divided into 8 chapters. In its 4th chapter are provisions that are considered the most fundamental because they affect the existence and the rights of every Nigerian, not only because they are citizens but also because they are human beings.
As the most important chapter in the most important document of the country, don’t you think every Nigerian deserves to know and understand these rights (including being taught, shared, discussed and developed)? A survey has revealed that only 7 to 8.5% of Nigerians are aware of the provisions in this chapter of the constitution. Surprisingly also, the knowledge and fulfillment of these fundamental rights by law enforcements is not significantly different from that of the general populace.
So for the first time since the 29th of May 1999 (when the current Nigerian Constitution came into force), there will finally be an opportunity to bridge the knowledge and access gap when it comes to the application of this chapter: The fundamental human rights provision in the constitution. Adapted by fellow citizens for other citizens, Law2Go is leveraging on the growth in the use of technology to improve access and understanding of human rights laws, legal advise and other legal services, in both creative and adaptable ways such as simplification, translation into indigenous languages and also providing audio versions of these constitutional provisions.

You and every human being in this world have a right to live. It is illegal to kill any person

You should treat every human being with dignity and respect, whether you like them or not. You also deserve to be treated with dignity.

It is illegal for anybody to torture you or treat you as if you are not a human being.

It is illegal for anybody to turn you into a slave or a servant by force, or force you to work for them. But if a court orders you, or if you decide to join the military or police force, or if you are under compulsory national service like the NYSC, then you can be asked to do a thing out of your own will.

You are entitled to your personal freedom and liberty.

The only situation where your freedom or liberty can be limited is when a court gives an order to restrain you because you committed a crime or failed to obey a court order; or if you are still very young (below 18 years), or if you are suffering from an infectious disease (like Ebola virus), or if you are of unsound mind, or if you are a drug or alcohol addict then the government can limit your freedom.

Even when you have committed an offense or have been charged with an offense and you are awaiting trial, you should not be kept in detention for more than the maximum period of imprisonment prescribed for the offence. (For example, under the Criminal Code, the penalty for committing the offence of stealing a cow is two years, so once an accused person reaches two years in prison without concluding his or her trial, they should be released without further ado)

If you are arrested or detained, you can choose to remain silent or refuse to answer any question until you have consulted with a lawyer or with any person of your choice. The police or law enforcement agents cannot force you to give a statement until you have had the opportunity to consult with any person of your choice.

If police or any law enforcement agent arrests or detain you, they must tell you within 24 hours, in writing and in a language that you understand, as to why they have arrested or detained you.

Once an offense does not attract death sentence as the penalty, you should not be arrested or detained for more than a day without being taken to a court of law, except there is no court that can handle the matter within 40 kilometers. If so, you may still be detained but for a maximum of 2 days or only for a reasonable time.

If you are arrested or detained unlawfully, you are entitled to compensation and public apology from the appropriate authority or officer that arrested or detained you.

You have a right to tell your own side of the story.

You are innocent until proven guilty.

If anyone is accusing you of committing a crime, it is their duty (and not yours) to prove that you are guilty. (Except only in exceptional cases where there is a law that provides that you must prove a particular fact).

During a trial, where you are charged with an offence, you are entitled to prompt and detailed information about the nature of the offence they say you have committed and they should tell you in a language that you understand. You should also be given adequate time and facilities to prepare your defense and you must be allowed to either defend yourself in person or by a lawyer of your choice.

You are entitled to call a witness to testify for you and you are also free to question any witness testifying against you.

If you don’t understand the language they are using in the trial, let them know please. They are entitled to assist you with an interpreter who will interpret to you in a language that you understand, free of charge.

Once a judgment is given, you or your representative is entitled to obtain copies of the judgment of the case within seven days.

You should NOT be convicted for an offence where the conduct constituting the offence was not prohibited as an offence at the time it took place. (g., where open grazing was not an offence in 2015 but is now an offence in 2017, a person cannot be convicted of the offence of open grazing in 2017 for an open grazing that took place in 2015)

You should NOT be punished with a punishment heavier than the punishment in existence as at the time you committed the offence. (g., if A committed the offence of kidnapping in 2013 and at that time the punishment was 6 years imprisonment, he should not on conviction in 2017 be sentenced to life imprisonment simply because there is a new law providing that the punishment for the offence of kidnapping is life imprisonment. The effective date is the date the offence was committed.)

You should NOT be tried twice for the same criminal conduct. No double jeopardy. And where you have been pardoned for a criminal offence, you cannot be tried again for that same offence.

If you are charged for a criminal offence, you shall NOT be forced to give evidence at your trial.

You shall NOT be convicted of a criminal offence unless that offence is defined in law and the penalty is also prescribed in a written law. (Offences under native law and custom are not criminal offences under the Constitution)

You have a right to your privacy including the privacy of your home, your phones, text messages, emails, etc. They should be protected and guaranteed.

You have a right to think WHATEVER you want to think

You have a right to practice and observe your religion by yourself or with other people through worship and teaching. You are also free to change your religion if you like. Nobody should force you to join their religion. Nobody should force you to leave your religion. It is also not by force to have a religion. The law does not permit you to be a member of a secret society.

You have the right to have an opinion.

You have a right to talk.

You have the right to express yourself and share your ideas with other people without any interference.

Once you get license from the government, you can own and establish your own TV station, Radio station and even newspaper.

You have the right to open and maintain your own social media account on any social media platform you like.

It is NOT a breach of this right where there is a law that is reasonably justifiable to prevent you from disclosing information that you received in confidence, or restricts you from disclosing some information because of your job as a public servant, lawyer, doctor or by order of court.

You are free to gather and associate with other people.

You have the right to form and join any association to protect your interest; or any trade union of your choice. You also have the right NOT to join an association. You have a right to leave the association whenever you want.

You have the right to form and join any political party of your choice but the political party must be registered by the Independent National Electoral Commission (INEC).

Every citizen of Nigeria is entitled to move freely throughout Nigeria.

Every citizen of Nigeria is entitled to reside in any part of Nigeria he or she likes. Whether it is in the North or South or East or West, you have the right to travel and live anywhere in the country.

As long as you are a Nigerian citizen, no one should chase you away from Nigeria; or refuse you from going out of Nigeria; or refuse you from coming into Nigeria, except you committed a crime in Nigeria and may want to escape to another country; or where Nigeria has agreed with another country that if you commit a crime in their country, you cannot hide in Nigeria. Nigeria will submit you to them for trial or punishment.

Nobody has a right to treat you differently from others because you belong to a particular community, ethnic group, place of origin, sex, religion, political opinion or because of the circumstance of how you were born.

Every citizen of Nigeria has the right to acquire and own property anywhere in Nigeria. A Hausa man can own a house in Onitsha, an Igbo woman can own a plaza in Lagos, a Yoruba man can own a farm in Jigawa.

If for any reason the government wants to take your land, they must pay you compensation quickly and you have the right to go to court if you are not happy with it.

All minerals, mineral oils and natural gas in, under, or upon any land in Nigeria or in, under or upon the territorial waters of Nigeria belongs to the government of the Federation.

The right to private and family life (section 37); right to freedom of thought, conscience and religion (section 38); the right to freedom of expression and the press (section 39); the right to peaceful assembly and association (section 40) and the right to freedom of movement (section 41) can only be restricted by a law that is reasonably justified in the interest of public defense, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons.

During period of emergencies, (a period of emergency means period during which the President of Nigeria will declare that Nigeria is in a state of emergency perhaps due to war), the right to personal liberty (section 35) can, subject to an Act of the National Assembly, be limited if there are reasonably justifiable reasons for dealing with the emergency. The right to life (section 33) can never be excused except only in respect of death resulting from acts of war; and the right in section 36 (8) prohibiting conviction for an offence that at time of conduct was not a crime and punishment heavier than existed at time of commission of the offence shall not be derogated from no matter the circumstances.

If you believe that any of your rights from section 33 to 46 (Chapter IV) of this constitution has been contravened, is being contravened or will be contravened, you should apply to the High Court close to you for solution.

The National Assembly shall make provisions for your financial assistance If you don’t have money and cannot afford the services of a lawyer.

You with everybody wey dey this world get right to dey alife. Na offence make somebody kill another person.

You suppose handle everybody jejely with respect, whether you like dem or you no like dem; and na so dem suppose treat you too: with dignity and respect

If anybody torture you or treat you like say you no be human being, that one na offence.

Nobody suppose turn you to slave or force you make you be im servant; or force you do any work wey you no wan do. But if na Court talk so; or you join military or police; or you dey serve Nigeria like Ajiwaya dem, n aim be say dem fit force you do some kind work.

If dem arrest you onto say you commit any offence, dem no suppose hold you for prison pass how many years wey law talk say na punishment for your offence. That one mean say, for example if person thief cow and the law talk say the punishment na two years, even if dem never finish to the touchlight the mata wey two years come do, dem suppose release am from prison.

If dem arrest you, you fit keep quiet no talk to anybody until you see your lawyer or anybody wey you like. Dem no suppose force you make you give statement if you no want.

If the offence wey dem say you commit no be serious offence wey be say the punishment reach death sentence level, dem no suppose keep you for prison pass 24 hours. Dem suppose carry you go court unless if the place where Court dey dey far pass 40 kilometers; and even if e far pass like that true true, dem no suppose keep you pass two days no carry you go Court unless e get as e be.

If dem arrest or detain you unlawfully, dem suppose apologise to you for public and even use money take tell you sorry.

If anything happen, dem suppose hear your own side of wetin happen too.

If anybody talk say you commit any offence, na the person duty (not your own) to show Court say you commit the offence true true, unless e get wetin law say na you suppose prove.

If dem carry you go Court, dem suppose tell you sharp-sharp everything about the offence wey dem say you commit for language wey you understand come give you time make you prepare how you go take defend yourself; and you fit defend yourself by yourself abi call lawyer wey go defend you.

If you no understand the language wey dem dey use take judge the mata, make you tell dem, because dem suppose find person wey go interpret for you for free.

If dem don finish to judge your mata, you fit ask make dem give you copy of paper wey carry the judgment within seven days; or you fit send somebody make e collect am for you.

Dem no suppose punish you for something wey you do wey no be offence by the time wey you do am.

Dem no suppose give you punishment wey heavy pass the punishment for the offence wey you commit by the time wey you commit am. This one mean say, if Akpos thief moto for 2012 and the punishment by that time na two years for prison, if by the time wey dem finish to the judge the mata for 2017 another new law don commot wey talk say the punishment for person wey thief moto na 10 years for prison, that new law no suppose affect Akpos because by the time wey im commit the offence, the punishment na two years.

Dem no suppose carry you go Court two times for the same offence; and if dem don forgive you for offence wey you commit, dem no suppose carry you go Court again for that the same offence.

Dem no fit force you make you give evidence for Court.

Dem no fit punish you for wetin you do unless law don write am say that thing na offence and don punishment don dey for am.

Your private life and your family life, your phone calls, text messages, emails, letters and things like that na your private matta, law suppose protect and guarantee all of dem for you. Nobody suppose chook eye anyhow for that kind private matta.

You fit think anything wey you wan think.

Any religion wey you like na im you go practice, even if na only you or with other people. Nobody suppose force you make you change your religion if you no want change. If you like sef, no practice any religion. But law no go gree make you go join or form secret society oh.

You get right to talk as you dey feel about any matta. (Talk your own make Naija better).

You fit show yourself as you like and talk to people about wetin you think and nobody suppose disturb you.

If you don collect permission from government, you fit get your own television or radio station and even newspaper wey you fit use dey relate with people.

You fit join any social media like Facebook, Tweeter and others wey you like.

But if law dey say you no suppose talk some kind thing wey you know because of the way dem take tell you for secret; or because of your position for government; or because you be lawyer, or doctor; or because Court talk so, then you no suppose talk am and e no mean say dem don stop dis your right.

You fit gather or mix with other people.

You fit form or join any association wey you like and if you no want join any association, nobody suppose force you join; and if you don join, you fit comot for the association any time wey you like.

You fit join or form any political party wey you like; but make you check dey sure say the political party don dey register for INEC.

Every Nigeria person fit waka about as im like for the whole Nigeria.

Every Nigeria person fit stay for any part of Nigeria wey im like whether na for North or South or East or West.

No body fit pursue any Nigerian person comot for Nigeria or stop am make im no go out to another country or enter Nigeria from another country; unless im commit offence wan come run comot from Nigeria or im committ offence for another country wey Nigeria don get agreement with say anybody wey commit offence for their country run come Nigeria, Nigeria go submit am to the country wey im commit the offence make dem touchlight im mata.

Nobody suppose treat you different because of the community wey you come from; or because of the language wey you dey speak; or because of say you be woman or man; or because of your religion or your political party; or because of how your mama take born you whether for husband house or not. Everybody for Nigeria dey equal and na equal treatment everybody suppose get.

Every Nigeria person fit buy or get land or house or any property for anywhere for Nigeria. This one mean say Igbo man fit build house for Kano, Hausa man fit buy land for Lagos, Yoruba woman fit get farm for Nsukka.

If government want use your land do anything wey go help the community, dem suppose settle you well well, and if you no happy with the settlement or how dem take collect your land, you fit carry the matta go Court.

Every mineral, or oil or gas or any natural resources wey dey for Nigeria, whether for land or for water, na Federal Government get am.

Government fit comot some of the rights wey we don talk about: like the right for your privacy (37), the rights to think as you like (38), the right make you talk your own (39), the right make you gather take mix with other people (40), and the right make you waka about (41), if better law dey ground wey na for the good of the society or to protect other people, government fit follow the law take comot any of these rights.

If kata-kata or war dey Nigeria, government fit comot the right to freedom for section 35 if that one go help the mata. But the right wey everybody get to dey alife for Section 33, nobody fit take am unless person die for war. The right wey say dem no go punish person for wetin no be offence when im do am and dem no go give person punishment wey heavy pass the punishment for im offence, nobody fit change that one.

If you feel say anybody wan collect your right, or im do something wey show say im don collect your rights, you fit go Court make dem touchlight the matta. This rights wey we don talk about na from Section 33 go reach Section 46 of the Constitution of Nigeria.

If you no get money and you no fit hire lawyer, National Assembly suppose take care of your matta. Na im make we get Legal Aid Council wey person wey dey very poor fit run go meet.

(1)Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary –

(a) for the defence of any person from unlawful violence or for the defence of property:

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or

(c) for the purpose of suppressing a riot, insurrection or mutiny.

(1)Every individual is entitled to respect for the dignity of his person, and accordingly –

(a) no person shall be subject to torture or to inhuman or degrading treatment;

(b) no person shall he held in slavery or servitude; and

(c) no person shall be required to perform forced of compulsory labour.

(2) for the purposes of subsection (1) (c) of this section, “forced or compulsory labour” does not include –

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of members of the armed forces of the Federation or the Nigeria Police Force in pursuance of their duties as such;

(c) in the case of persons who have conscientious objections to service in the armed forces of the Federation, any labour required instead of such service;

(d) any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or well-being of the community; or

(e) any labour or service that forms part of –

(i) normal communal or other civic obligations of the well-being of the community.

(ii) such compulsory national service in the armed forces of the Federation as may be prescribed by an Act of the National Assembly, or

(iii) such compulsory national service which forms part of the education and training of citizens of Nigeria as may be prescribed by an Act of the National Assembly.

(1)Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law –

(a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;

(b) by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law;

(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;

(d) in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare;

(e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or

(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto:

Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.

(2) Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

(3) Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.

(4) Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of –

(a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or

(b) three months from the date of his arrest or detention in the case of a person who has been released on bail, he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.

(a) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and

(b) in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.

(6) Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, “the appropriate authority or person” means an authority or person specified by law.

(7) Nothing in this section shall be construed –

(a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and

(b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such detention of which he has been found guilt

(1)In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

(2) Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law –

(a) provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and

(b) contains no provision making the determination of the administering authority final and conclusive.

(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.

(4) Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal:

Provided that –

(a) a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice;

(b) if in any proceedings before a court or such a tribunal, a Minister of the Government of the Federation or a commissioner of the government of a State satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty;

Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.

(6) Every person who is charged with a criminal offence shall be entitled to –

(a) be informed promptly in the language that he understands and in detail of the nature of the offence;

(b) be given adequate time and facilities for the preparation of his defence;

(c) defend himself in person or by legal practitioners of his own choice;

(d) examine, in person or by his legal practitioners, the witnesses called by the prosecution before any court or tribunal and obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court or tribunal on the same conditions as those applying to the witnesses called by the prosecution; and

(e) have, without payment, the assistance of an interpreter if he cannot understand the language used at the trial of the offence.

(7) When any person is tried for any criminal offence, the court or tribunal shall keep a record of the proceedings and the accused person or any persons authorised by him in that behalf shall be entitled to obtain copies of the judgement in the case within seven days of the conclusion of the case.

(8) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed

(9) No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court.

(10) No person who shows that he has been pardoned for a criminal offence shall again be tried for that offence.

(11) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(12) Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.

37. The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.

(1)Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian.

(3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.

(4) Nothing in this section shall entitle any person to form, take part in the activity or be a member of a secret society.

(1)Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions:

Provided that no person, other than the Government of the Federation or of a State or any other person or body authorised by the President on the fulfilment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for, any purpose whatsoever.

(3) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society –

(a) for the purpose of preventing the disclosure. of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or

(b) imposing restrictions upon persons holding office under the Government of the Federation or of a State, members of the armed forces of the Federation or members of the Nigeria Police Force or other Government security services or agencies established by law.

Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests:

Provided that the provisions of this section shall not derogate from the powers conferred by this Constitution on the Independent National Electoral Commission with respect to political parties to which that Commission does not accord recognition.

(1)Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.

(2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiable in a democratic society-

(a) imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or

(b) providing for the removal of any person from Nigeria to any other country to:-

(i) be tried outside Nigeria for any criminal offence, or

(ii) undergo imprisonment outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty:

Provided that there is reciprocal agreement between Nigeria and such other country in relation to such matter.

(1)A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

(3) Nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigeria Police Forces or to an office in the service of a body, corporate established directly by any law in force in Nigeria.

43. Subject to the provisions of this Constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria.

(1)No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things –

(a) requires the prompt payment of compensation therefore and

(b) gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.

(2) Nothing in subsection (1) of this section shall be construed as affecting any general law.

(a) for the imposition or enforcement of any tax, rate or duty;

(b) for the imposition of penalties or forfeiture for breach of any law, whether under civil process or after conviction for an offence;

(c) relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts.

(d) relating to the vesting and administration of property of persons adjudged or otherwise declared bankrupt or insolvent, of persons of unsound mind or deceased persons, and of corporate or unincorporate bodies in the course of being wound-up;

(e) relating to the execution of judgements or orders of court;

(f) providing for the taking of possession of property that is in a dangerous state or is injurious to the health of human beings, plants or animals;

(g) relating to enemy property;

(h) relating to trusts and trustees;

(i) relating to limitation of actions;

(j) relating to property vested in bodies corporate directly established by any law in force in Nigeria;

(k) relating to the temporary taking of possession of property for the purpose of any examination, investigation or enquiry;

(l) providing for the carrying out of work on land for the purpose of soil-conservation; or

(m) subject to prompt payment of compensation for damage to buildings, economic trees or crops, providing for any authority or person to enter, survey or dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunication services or other public facilities or public utilities.

(3) Notwithstanding the foregoing provisions of this section, the entire property in and control of all minerals, mineral oils and natural gas in under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly.

(1)Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society

(a) in the interest of defence, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedom or other persons

(2) An act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of any such act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency:

Provided that nothing in this section shall authorise any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 36(8) of this Constitution.

(3) In this section, a ” period of emergency” means any period during which there is in force a Proclamation of a state of emergency declared by the President in exercise of the powers conferred on him under section 305 of this Constitution.

(1)Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress.

(2) Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it in pursuance of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcement or securing the enforcing within that State of any right to which the person who makes the application may be entitled under this Chapter.

(3) The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purposes of this section.

(4) The National Assembly –

(a) may confer upon a High Court such powers in addition to those conferred by this section as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by this section; and

(b) shall make provisions-

(i) for the rendering of financial assistance to any indigent citizen of Nigeria where his right under this Chapter has been infringed or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim, and

(ii) for ensuring that allegations of infringement of such rights are substantial and the requirement or need for financial or legal aid is real.